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A04000 Summary:

BILL NOA04000
 
SAME ASNo Same As
 
SPONSORGraf
 
COSPNSRMcDonough, Montesano, Lupinacci, Crouch, Raia, Ra, Giglio, McLaughlin, Barclay, Blankenbush, Garbarino, Finch, Hawley, Malliotakis, Friend, Butler, Murray
 
MLTSPNSRDiPietro, Lawrence, Oaks, Thiele, Walter
 
Amd 202 & 203, Ed L
 
Relates to the election of regents.
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A04000 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4000
 
SPONSOR: Graf (MS)
  TITLE OF BILL: An act to amend the education law, in relation to the election of regents   PURPOSE: The purpose of this bill is to reform the method in which the board of regents is selected. Currently, the board of regents is appointed. This bill intends to implement an election process to ensure tax-payer repre- sentation, and increase accountability of the board.   SUMMARY OF PROVISIONS: Amends Section 1, Subdivisions 1 and 2 of section 202 of the education law, subdivision 1 as amended by chapter 296 of the laws of 1984 and as designated by chapter 892 of the laws of 1985.   JUSTIFICATION: People throughout the state have voiced their dissatisfaction in the process by which members of the board of regents are selected. This bill will allow people to vote for their board of regents representative in their Judicial District. This will give residents of the State of New York a greater say in the direction of the education of their children.   FISCAL IMPLICATIONS: $1.3 million dollars per year plus the cost of putting the name on the ballot during the elections.   LEGISLATIVE HISTORY: A.2489-A of 2015-16. A.8389 of 2013-14.   EFFECTIVE DATE: This act shall take effect immediately.
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A04000 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4000
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2017
                                       ___________
 
        Introduced  by  M.  of A. GRAF, McDONOUGH, MONTESANO, LUPINACCI, CROUCH,
          RAIA, RA, GIGLIO, McLAUGHLIN, BARCLAY, BLANKENBUSH, GARBARINO,  FINCH,
          LOPEZ,  HAWLEY, MALLIOTAKIS, FRIEND, BUTLER, MURRAY -- Multi-Sponsored
          by -- M.  of A. DiPIETRO, LAWRENCE, OAKS, SALADINO, THIELE, WALTER  --
          read once and referred to the Committee on Education

        AN  ACT  to  amend  the  education  law,  in relation to the election of
          regents
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions 1 and 2 of section 202 of the education law,
     2  subdivision 1 as amended by chapter 547 of the laws of 1993 and subdivi-
     3  sion 2 as amended by chapter 296 of the laws of 1984 and  as  designated
     4  by chapter 892 of the laws of 1985, are amended to read as follows:
     5    1.  The  University of the State of New York shall be governed and all
     6  its corporate powers exercised by a board of regents the number of whose
     7  members shall at all times be [four more than the number  of  the  then]
     8  thirteen,  one  representing each existing judicial [districts] district
     9  of the state [and shall not be less than fifteen.  The regents in office
    10  April first, nineteen hundred seventy-four shall  hold  office,  in  the
    11  order of their election, for such times that the term of one such regent
    12  will  expire  in  each  year on the first day of April. Commencing April
    13  first, nineteen hundred seventy-four, each regent shall be elected for a
    14  term of seven years, each such term  to  expire  on  the  first  day  of
    15  April].  Commencing  on  April first, nineteen hundred ninety-four, each
    16  regent shall be elected for a term of five  years,  each  such  term  to
    17  expire  on  the  first  day of April.   Commencing on January first, two
    18  thousand eighteen, each regent shall be  elected  for  a  term  of  four
    19  years,  each  such  term  to expire on the thirty-first day of December.
    20  Each regent shall be elected [by the legislature  by  concurrent  resol-
    21  ution  in  the  preceding  March, on or before the first Tuesday of such
    22  month.  If, however, the legislature fails to agree on  such  concurrent

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05661-01-7

        A. 4000                             2

     1  resolution by the first Tuesday of such month, then the two houses shall
     2  meet  in  joint  session at noon on the second Tuesday of such month and
     3  proceed to elect such regent by joint ballot] at a general election held
     4  in November.
     5    2.  All  vacancies in such office, either for full or unexpired terms,
     6  shall be so filled that there shall always be in the membership  of  the
     7  board  of  regents  at  least  one  resident  of  each  of  the judicial
     8  districts.  A vacancy in the office of regent for other cause than expi-
     9  ration of term of service shall be filled for the unexpired term by [an]
    10  a special election  [at  the  session  of  the  legislature  immediately
    11  following  such  vacancy in the manner prescribed in the preceding para-
    12  graph, unless the legislature is in session when such vacancy occurs, in
    13  which case the vacancy shall be filled by such legislature in the manner
    14  prescribed in the preceding paragraph, except as  hereinafter  provided.
    15  However,  if  such  vacancy occurs after the second Tuesday in March and
    16  before a resolution to adjourn sine  die  has  been  adopted  by  either
    17  house, then the vacancy shall be filled by concurrent resolution, unless
    18  the  legislature  fails  to  agree  on such concurrent resolution within
    19  three legislative days after its passage by one house, in which case the
    20  two houses shall meet in joint session at noon on the  next  legislative
    21  day  and proceed to elect such regent by joint ballots; provided, howev-
    22  er, that if the vacancy occur after the adoption by either  house  of  a
    23  resolution  to adjourn sine die, then the vacancy shall be filled at the
    24  next session of the legislature in the manner prescribed in the  preced-
    25  ing  paragraph]  that  must  be  called  by  the  governor  to fill such
    26  position.
    27    § 2. Section 203 of the education law is amended to read as follows:
    28    § 203. [Officers.  The elective officers of the university shall be  a
    29  chancellor  and  a  vice-chancellor  who shall serve without salary, and
    30  such other officers as are deemed necessary by the regents, all of  whom
    31  shall  be  chosen  by ballot by the regents and] Chancellor. The regents
    32  shall choose by ballot from the thirteen members of the regents a  chan-
    33  cellor  who  shall hold office during their pleasure; [but] no election,
    34  removal or change of salary of [an elective officer] a chancellor  shall
    35  be  made by less than six votes in favor thereof.  Each regent [and each
    36  elective officer] shall, before entering on his or her duties, take  and
    37  file  with  the  secretary of state the oath of office required of state
    38  officers.
    39    The chancellor shall preside at all convocations and at  all  meetings
    40  of  the  regents, and confer all degrees which they shall authorize.  In
    41  his or her absence or inability to act[, the vice-chancellor, or  if  he
    42  be  also  absent,]  the  senior  regent present[,] shall perform all the
    43  duties and have all the powers of the chancellor.
    44    § 3. This act shall take effect immediately.
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